REPORT TO THE CITY COUNCIL August 24, 2017 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title HEARING to adopt resolutions and ordinance amending the City of Fresno Community Facilities District No. 9, Final Tract Map No. 5717 (southeast corner of North Fowler and East Shields Avenue) (Council District 4) 1. ***RESOLUTION - Amending Final Tract Map No. 5717 of Community Facilities District No. 9 to Authorize the Change in the Types of Services and the Rate and Method of Apportionment of the Special Tax and the Levy of a Changed Maximum Special Tax (Subject to Mayor's Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor's Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor's Veto) 4. ***BILL - (For introduction and adoption) - Amending and Modifying Ordinance No. 2008-76, and Levying a Changed Maximum Special Tax for the Property Tax Year 2017-2018 and Future Tax Years Within and Relating to the Boundaries as Amended for Final Tract Map No. 5717 of Community Facilities District No. 9 (Subject to Mayor's Veto) ..Body RECOMMENDATIONS 1. Adopt Resolution Amending Final Tract Map No. 5717 of Community Facilities District No. 9 to Authorize the Change in the Types of Services and the Rate and Method of Apportionment of the Special Tax and the Levy of a Changed Maximum Special Tax 2. Adopt Resolution Calling Special Mailed-Ballot Election 3. Adopt Resolution Declaring Election Results 4. Adopt Ordinance Amending and Modifying Ordinance No. 2008-76, and Levying a Changed Maximum Special Tax for the Property Tax Year 2017-2018 and Future Tax Years Within and Relating to the Boundaries as Amended for Final Tract Map No. 5717 of Community Facilities District No. 9 EXECUTIVE SUMMARY On July 20, 2017, the Council adopted Resolution No. 2017-184 with the consideration to amend Final Tract Map No. 5717 of CFD No. 9 at the request of the landowner. This is the noticed public hearing to consider the amendment of Final Tract Map No. 5717 of CFD No. 9 to change the types of Services and the rate and method of apportionment of the special tax, and levy a Changed Maximum Special Tax to finance the Services pertaining to public improvements associated with Final Tract Map No. 5717 of CFD No. 9. The total cost for the Services is $9,998.00 annually for Fiscal Year 2017-2018. If approved, the recommended resolutions and ordinance will levy a Changed Maximum Special Tax on the properties within the boundaries of Final Tract Map No. 5717 of CFD No. 9 for identified Services. (See attached location map) BACKGROUND On December 16, 2008, the Council of the City of Fresno ("Council") adopted Resolution No. 2008-351 establishing Community Facilities District No. 9 ("CFD No. 9"), adopted goals and policies, and annexed the territory within Final Tract Map No. 5717. CFD No. 9 was established to provide funding for the Services for certain public improvements as described and permitted by the City of Fresno Special Tax Financing law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code ("City Law") and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code). The landowner has petitioned the City to have Final Tract Map No. 5717 of CFD No. 9 amended to change the types of Services, adding additional features for maintenance, change the rate and method of apportionment of the special tax, and levy a Changed Maximum Special Tax. Pursuant to this petition, the Council adopted Resolution No. 2017-184, with the consideration to amend Final Tract Map No. 5717 of CFD No. 9, and set the public hearing for formal consideration. Resolution No. 2017-184 also directed preparation of an Amended District Report describing the changes in the types of Services and the costs to perform those Services and this report is on file with the City Clerk of the City of Fresno. If adopted by the Council, the attached ordinance would levy the Changed Maximum special Tax of $9,998.00 for Fiscal Year 2017-2018. The Maximum Special Tax may be adjusted upward annually at the discretion of the City with a limit of 3% plus the rise, if any, in the Construction Cost Index for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election. Two additional resolutions are attached for Council consideration pertaining to this special election. Today's public hearing has been duly noticed and the attached resolutions and ordinance have been approved as to form by the City Attorney's Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a "project" and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this hearing does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved. All costs for services will be borne by the property owners within the subject territory. Attachments: Location Map Resolutions (3) Ordinance